There is no requirement to post this notice on the Environmental Registry of Ontario, but we wanted to hear your thoughts. Thank you for your feedback.
This consultation was open from:
April 19, 2022
to May 19, 2022
Decision summary
The Minister has issued an overall benefit permit to the Ministry of Transportation for the construction of a new interchange in the Township of Puslinch, which will impact Eastern Small-Footed Myotis, Little Brown Myotis and Tri-colored Bat. The permit includes actions to benefit the species and minimize adverse effects.
Location details
Site location details
Highway 6 (Hanlon Expressway) north of Highway 401 approximately midway between Wellington Road 34 and Maltby Road.
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
The Ministry of Transportation
659 Exeter Road
London,
ON
N6E 1L3
Canada
Decision details
On December 6, 2022, the Minister of the Environment, Conservation and Parks issued an overall benefit permit to the Ministry of Transportation (MTO) under subsection 17(1) of the Endangered Species Act, 2007 (ESA), in accordance with the criteria in clause 17(2)(c) of that ESA. The permit is concerning:
The permit authorizes the MTO to remove:
- 9.3 hectares (ha) of habitat for Little Brown Myotis
- 3.6 ha of habitat for Eastern Small-Footed Myotis
- 2.8 ha of habitat for Tri-colored Bat
The habitat for Eastern Small-Footed Myotis and Tri-colored Bat is contained within the same footprint as the 9.3 ha of habitat for Little Brown Myotis and is comprised of several non-contiguous habitat patches.
No mortality, harm or harassment of the species is expected to occur given the mitigation measures included in the permit.
Protecting species under the Endangered Species Act
Our government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.
Businesses, municipalities and other proponents are expected to take steps to ensure their projects avoid any adverse impacts on species at risk or their habitats. However, where avoidance is not possible, the Endangered Species Act, 2007 gives the Minister the discretion to authorize activities if certain conditions can be met.
The permit includes conditions that require the proponent to undertake measures that will:
- minimize adverse effects to the species
- achieve an overall benefit to the species within a reasonable timeframe
Actions to minimize adverse effects to species
The permit requires MTO to carry out actions to minimize adverse effects on the species, including:
- removing habitat at a time of year when the species is unlikely to be present (i.e. outside of the active season)
- retaining qualified professionals with education and expertise in the species to carry out permit conditions
Actions to achieve an overall benefit to the Species
The permit requires MTO to achieve an overall benefit for the species within a reasonable timeframe, including:
- creating new forested and meadow habitat
- enhancing existing forest and meadow habitat
- installing three anthropogenic roosting structures (i.e. bat boxes)
- constructing four roosting features (i.e. rock piles)
These actions are expected to provide up to 10.8 ha of contiguous habitat for the species to roost, forage and raise pups, contributing to efforts to increase the number of individuals of the Species in the wild in Ontario.
Other information
Reasonable alternatives were considered, including alternatives that would not adversely affect the species, such as not proceeding with the project.
Not proceeding with the project is not the preferred alternative because it would not address the issues identified in the 1995 Environmental Assessment (EA) and Preliminary Design Report (i.e. to provide a better connection between the Highways 6 and 401 corridors, reduce road congestion, maintenance costs and support municipal planning initiatives).
Upgrading existing infrastructure was considered as part of the EA completed in 1995, but this alternative would result in the removal of wooded areas thought to provide habitat to the species.
The best alternative that would allow MTO to proceed is to use a final design proposal which has been refined to reduce the anticipated area of impact from 11.15 ha to 9.3 ha of habitat for the species.
The ministry has published government response statement (GRS) under section 12.1 of the Endangered Species Act, 2007 with respect to Little Brown Myotis, Tri-coloured Bat and Eastern Small-footed Myotis. The permit reflects the following commitments in the GRSs regarding these species:
- coordinating and conducting standard inventory and monitoring of populations in historic, current, and potentially inhabited locations, including monitoring species’ population trends, distribution, threats, habitat preferences and prevalence of use
- encouraging the submission of data to the central repository at the Natural Heritage Information Centre
Effects of consultation
One comment was received in response to the proposal
The comment supported the mitigation and beneficial actions being included in the permit.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
How to Appeal
Appeals are not allowed
This instrument type cannot be appealed. Learn more about our consultation process.
Connect with us
Contact
Clairissa Myschowoda
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Original proposal
Why consultation isn't required
We are not required to consult on this permit proposal as it relates to an animal and therefore does not meet the required criteria set out in subsection 1.3(6) of Ontario Regulation 681/94 of the Environmental Bill of Rights, 1993. We are voluntarily posting this notice to advise the public of this proposal and to invite the public to submit written comments to the contact person identified in this notice.
Proposal details
The MTO is seeking an overall benefit permit under clause 17(2)(c) of the Endangered Species Act, 2007 (ESA). The permit would authorize impacts to three species at risk bats that may occur during the construction of a new interchange on Highway 6 north of Highway 401, midway between Wellington Road 34 and Maltby Road.
Project activities are expected to include:
- vegetation removal
- site grading
- removal, reconstruction and realignment of existing roads, traffic signals and intersections
- the construction of new stormwater management facilities (i.e. drainage ditches, infiltration ponds, stormwater management pond
- utility relocations
Approximately 9.3 hectares of habitat of the following three species at-risk bats is expected to be adversely impacted by the project:
Habitat for the species that is anticipated to be impacted is made up of several non-contiguous forested patches.
Protecting species under the Endangered Species Act
The Ontario government is committed to protecting species at risk and providing strong environmental oversight, while working to support development opportunities in the province.
Ontario provides protections for species at risk and their habitats under the ESA. Sections 9 and 10 of the ESA provide protection for individual members of a species and their habitat if that species is listed on the Species at Risk in Ontario (SARO) list as either:
- extirpated
- endangered
- threatened
Eastern Small-Footed Myotis, Little Brown Myotis and Tri-colored Bat are all listed as Endangered on the SARO list.
The main threat to the survival of these three species is disease resulting from a fungal infection, also known as white-nosed syndrome.
Under clause 17(2)(c) of the ESA, the Minister may issue a permit authorizing a person to engage in an activity that would otherwise be prohibited by sections 9 or 10 of the ESA if the minister believes that:
- an overall benefit to the species will be achieved within a reasonable time through the conditions of the permit
- reasonable alternatives have been considered, including alternatives that would not negatively affect the species, and the best alternative has been adopted
- reasonable steps to minimize negative effects on individual members of the species are required by conditions of the permit
Providing an overall benefit to a protected species under the ESA means improving circumstances for the species in Ontario. Overall benefit is:
- more than "no net loss" or an exchange of "like for like"
- grounded in the protection and recovery of the species at risk
- more than mitigation measures or "replacing" what is lost
Actions to achieve an overall benefit to species
The MTO is seeking ways to provide an overall benefit to the species, including:
- creating new forested habitat
- enhancing existing habitat
- placing anthropogenic roosting structures (i.e. bat boxes)
These actions are aimed at providing a large patch of contiguous, suitable habitat for the species.
Reasonable alternatives being considered
The MTO has explored other alternatives, however the only alternative that would not adversely impact the species would be to not proceed with the project.
Not proceeding with the project was not MTO’s preferred alternative because it would not address the issues identified in the 1995 Environmental Assessment and Preliminary Design Report, which were to:
- provide a better connection between the Highways 6 and 401 corridors
- reduce road congestion and maintenance costs
- support municipal planning initiatives
Upgrading existing infrastructure was considered as part of the environmental assessment completed in 1995, this alternative would result in the removal of wooded areas thought to provide habitat to species at risk bats.
The MTO has concluded the best alternative is to proceed with the project using a final design proposal which minimizes the amount of habitat that will be removed.
Actions to minimize adverse effects on the species
The Ministry of Transportation is seeking ways to minimize adverse effects on the species and their habitat, including:
- reducing the anticipated area of impact by 2.2 ha
- removing habitat at a time of year when the species is unlikely to be present (i.e. outside of the active season)
Other information
A government response statement (GRS), which outlines protection and recovery actions the government will take and support, exists for:
The GRS will be considered before a decision is made on whether to issue a permit.
Posting this proposal on the Environmental Registry of Ontario does not imply that we will issue a permit. A permit may only be issued where the legal requirements set out in clause 17(2)(c) of the ESA have been satisfied.
More information on species at risk overall benefit permits.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
Comment
Commenting is now closed.
This consultation was open from April 19, 2022
to May 19, 2022
Connect with us
Contact
Clairissa Myschowoda
300 Water Street
4th Floor, South tower
Peterborough,
ON
K9J 3C7
Canada
Comments received
Through the registry
1By email
0By mail
0